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(영문) 부산지방법원 2014.08.28 2014고단5765
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On December 9, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for an injury at the Busan District Court, and completed the execution of the sentence at the Busan Detention House on June 19, 2013.

Around 18:00 on June 20, 2014, the Defendant, who is not a narcotics handler, administered approximately 0.03 grams of psychotropic drugs, in the “D” store located in Busan Eastdong-gu, Busan, for the purpose of administering narcotics, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Police seizure records;

1. Notification of appraisal results of narcotics prepared by the Supreme Prosecutors' Office scientific investigation officers;

1. Investigation report (report on the calculation of additional collection charges, etc.);

1. Previous records: Application of the Act and subordinate statutes concerning criminal records and investigation reports (verification of the date of release from a court and reporting attached thereto);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. It is so decided as per Disposition by comprehensively taking into account the factors favorable to the defendant, such as the fact that the defendant has repeatedly committed the instant crime during the period of repeated crime, even though he was sentenced to imprisonment with prison labor for two years for the crime of injury for the reason of sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won for a single medication on the market on the market on the market on the market on the market) and the factors favorable to the defendant,

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